Technology

SB 44 allows South Dakota's Attorney General to obtain business records from internet and telecom providers during criminal investigations of internet crimes against children or human trafficking. It requires judicial approval based on "reasonable cause" before issuing subpoenas for specific records like IP addresses, account details, and device information. Hughes County judges have statewide authority to approve these subpoenas, which cannot notify account holders, and obtained records must be used solely for law enforcement with privacy safeguards. The bill directly affects providers (including internet and telecom companies) by mandating compliance with court-ordered requests for targeted data.

SB 135 requires data center operators to pay all electricity costs associated with their facilities, preventing utilities from raising residential rates to cover these expenses (Section 3). It also prohibits tax exemptions for data centers (Section 5) and ensures local governments retain authority to regulate data center development (Section 4). The bill mandates data centers to report projected water usage to local providers and the Board of Water Management before operation, with annual reports on actual consumption (Sections 6-7), ensuring water allocation prioritizes residential and essential services. This directly affects data center operators, utilities, and South Dakota residents by limiting cost-shifting and protecting local resource management.

HB 1314 modifies South Dakota's election equipment rules to enhance security and standardization. It prohibits internet-connected voting systems, requires vendors to submit software source code for independent review before certification, and mandates annual system updates. The bill directly affects election vendors (who must provide source code and maintain systems), the State Board of Elections (which must certify systems), and local jurisdictions (which must use updated systems or conduct manual counts). Systems approved before January 1, 2026, expire July 1, 2026, and vendors must cover costs if manual recounts are needed due to outdated equipment.

HB 1229 requires app stores (manufacturers) and app developers to include specific features for user transparency. Specifically, app stores must list all purchasable goods/services with prices on app pages, and developers must provide an easy-to-access feature allowing users to view those prices and cancel subscriptions. The bill applies to all app stores and developers operating in South Dakota, with requirements deemed "technologically feasible." Violations trigger a 90-day cure period before the attorney general can impose civil penalties up to $1,000 per incident. The law focuses on mandatory disclosure and user control, not on creating new private legal claims.